The Legal and Personal Ramifications of an AVO
The world of AVOs can be a daunting and difficult place considering how personally and emotionally charged the topic can be. However, it is always important to know your legal rights and responsibilities for any matter involving the legal system.
If you have had an AVO sought against you, it is imperative to understand the legal ramifications of this process. The team at DGB Lawyers have put together a list of some information to consider during this process.
Will I Have a Criminal Record?
What is an AVO and when and how to obtain an AVO.
Having an AVO made against you does not translate into a criminal record. This means that an AVO made against you will not show up on your criminal record. For the most part, prospective employers will not be aware of any AVO that is currently pending or has been made against you.
Effects on Employment
While an AVO is unlikely to affect your prospects of employment for most jobs, there are two different situations in which it can. If you apply for a position in a field that involves children, your prospective employer is required to carry out a Working with Children Check. Any AVO that is made for the protection of a child will show up in this check. AVOs may seriously limit your ability to work in any childcare profession.
AVOs also prevent people from owning firearms for the duration of the AVO and for 10 years after it expires. This will disqualify any person that an AVO is made against from working in any security or police enforcement industries during this time. You will also be unable to carry out any rural work that requires a firearm during this period.
Breaching the Terms of an AVO
Breaching the conditions of an AVO is taken very seriously by the Courts in New South Wales, and may lead to severe penalties. If a court finds you guilty of breaching an AVO made against you, this matter will be recorded on your criminal record permanently. In addition, you can be given:
- A prison sentence of up to two years
- A fine of up $5,500.00
- A good behaviour bond or another penalty
Personal Consequences
In addition to the various practical ramifications of an AVO, there are also various personal consequences you must consider. Depending on the terms of the AVO, it is possible that you could have some form of contact with the protected persons.
However, even in these circumstances, you maybe charged for harassing, intimidating or interfering with the people that the AVO is protecting if your behaviour towards the protected person is inappropriate. In many circumstances, you will not be able to have any contact whatsoever with the person protected by the AVO.
Looking for sound legal advice concerning a potential AVO in Wollongong?
Contact the team at DGB Lawyers to organise a consultation today.